Legislature(1997 - 1998)
05/05/1998 08:40 AM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
May 5, 1998
8:40 A.M.
TAPE HFC 98 - 152, Side 1.
TAPE HFC 98 - 152, Side 2.
CALL TO ORDER
Representative Mulder called the House Finance Committee
meeting to order at 8:40 A.M.
PRESENT
Representative Mulder Representative Grussendorf
Representative Kelly Representative Moses
Representative Kohring Representative J. Davies
Representative J. Davies Representative Martin
Representative G. Davis
Representatives Therriault, Hanley and Foster were not
present for the meeting.
ALSO PRESENT
Representative Fred Dyson; Susan G. Wibker, Assistant
Attorney General, Department of Law; Lisa Torkelson, Staff,
Representative Fred Dyson; Juanita Hensley, Division of
Motor Vehicles, Department of Administration; Krag Johnsen,
Staff, Senator Drue Pearce; Jayne Andreen, Council on
Domestic Violence and Sexual Assault, Juneau; Lisa Nelson,
Assistant Attorney General, Department of Law, Anchorage;
Bruce Campbell, Staff, Representative Pete Kelly.
SUMMARY
HB 375 An Act relating to children in need of aid
matters and proceedings; relating to murder of
children, criminally negligent homicide,
kidnapping, criminal nonsupport, the crime of
indecent exposure, and the crime of endangering
the welfare of a child; relating to registration
of certain sex offenders; relating to sentencing
for certain crimes involving child victims;
relating to the state medical examiner and
reviews of child fatalities; relating to teacher
certification and convictions of crimes involving
child victims; relating to access,
confidentiality, and release of certain
information concerning the care of children,
child abuse and neglect, and child fatalities;
authorizing the Department of Health and Social
Services to enter into an interstate compact
concerning adoption and medical assistance for
certain children with special needs; authorizing
the establishment of a multidisciplinary child
protection team to review reports of child abuse
or neglect; relating to immunity from liability
for certain state actions concerning matters
involving child protection and fatality reviews
and children in need of aid; relating to persons
required to report suspected child abuse or
neglect; relating to foster care placement and to
payment for children in foster and other care and
the waiver of certain foster care requirements;
relating to the access to certain criminal
justice information and licensure of certain
child care facilities; amending Rule 218, Alaska
Rules of Appellate Procedure; amending Rules 1,
3, 15, 18, and 19, Alaska Child in Need of Aid
Rules; and providing for an effective date.
CS HB 375 (FIN) was reported out of Committee
with a "no recommendation" and with fiscal notes
by the Alaska Court System, the Department of
Health and Social Services dated 4/7/98, the
Department of Corrections dated 4/7/98, and the
Office of Management and Budget dated 2/2/98.
SB 153 An Act relating to issuance of special license
plates to commemorate the arts.
HCS SB 153 (FIN) was reported out of Committee
with a "do pass" recommendation and with a fiscal
note by the Department of Administration dated
4/16/98.
HOUSE BILL NO. 375
"An Act relating to children in need of aid matters
and proceedings; relating to murder of children,
criminally negligent homicide, kidnapping, criminal
nonsupport, the crime of indecent exposure, and the
crime of endangering the welfare of a child; relating
to registration of certain sex offenders; relating to
sentencing for certain crimes involving child victims;
relating to the state medical examiner and reviews of
child fatalities; relating to teacher certification
and convictions of crimes involving child victims;
relating to access, confidentiality, and release of
certain information concerning the care of children,
child abuse and neglect, and child fatalities;
authorizing the Department of Health and Social
Services to enter into an interstate compact
concerning adoption and medical assistance for certain
children with special needs; authorizing the
establishment of a multidisciplinary child protection
team to review reports of child abuse or neglect;
relating to immunity from liability for certain state
actions concerning matters involving child protection
and fatality reviews and children in need of aid;
relating to persons required to report suspected child
abuse or neglect; relating to foster care placement
and to payment for children in foster and other care
and the waiver of certain foster care requirements;
relating to the access to certain criminal justice
information and licensure of certain child care
facilities; amending Rule 218, Alaska Rules of
Appellate Procedure; amending Rules 1, 3, 15, 18, and
19, Alaska Child in Need of Aid Rules; and providing
for an effective date."
Representative Kelly explained that Amendment #5 would
replace the most substantive changes as recommended in the
previous proposed amendments. [Copy on File].
BRUCE CAMPBELL, STAFF, REPRESENTATIVE PETE KELLY, explained
that the new version of Amendment #5 would create "clean-
up" language. He pointed out that Page 2 of the old
version of Amendment #5 would be deleted and would be
replaced with Amendment #11. [Copy on File].
Representative Martin inquired if this would create a
twelve-month waiting period for a hearing.
SUSAN G. WIBKER, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF
LAW, acknowledged that the wait would be long, although,
within the context of the bill, the State would be going
before the Court, requesting that the State terminate
services to return the child to the home.
Representative Kelly MOVED to adopt the new version of
Amendment #5. Representative J. Davies MOVED to amend
Amendment #5 with Amendment #12. [Copy on File].
Representative Kelly OBJECTED.
Representative J. Davies explained that Amendment #12 would
reverse a couple of deletions made in Amendment #5, which
remove the references to domestic violence. He noted that
the purpose of HB 375 is to address child safety and those
circumstances in which the child is placed at risk. A
reference contained in Amendment #12 speaks to the issue of
how domestic violence affects the safety of a child.
Representative Kelly replied that the bill addresses the
child's best interest with a judge delegated with the
authority to consider the child's best needs. He commented
that the portions deleted are addressed. He believed that
the inclusion of Amendment #12 would be an expansion of the
domestic violence laws, which would be better addressed in
a separate bill.
REPRESENTATIVE FRED DYSON indicated support for language
recommended by Representative Kelly. Representative J.
Davies asked if the consideration of domestic violence
would limit the considerations of other concerns.
Representative Dyson responded that it is presumed that a
judge would have the "tools" needed to evaluate the harm a
child is suffering as a factor to determine the child's
best interest. Discussion followed among Committee members
regarding the child's placement with relationship to
witnessing domestic violence within the home.
Representative Kelly remarked that language addressing that
concern was contained in Title 25.
Ms. Wibker advised that the Department of Law would not be
involved in Title 25 cases which address two parties
getting a divorce. Representative J. Davies asked where
the safe place for the child be.
JAYNE ANDREEN, COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL
ASSAULT, JUNEAU, agreed that there was language contained
in Title 25 which addresses child custody and contested
custody between two parents. She recommended that an
underlying premise, which needs to be addressed, is the
fact that domestic violence is harmful for children. The
impact of even being exposed to domestic violence has on
children is serious. At this time, estblished in Court, a
rebuttal presumption is used to address contested child
custody cases. When there has been a history of domestic
violence between the parents, the established presumption
is that it would not be in the best interest of the child
to be placed in the custody of the batterer. At this time,
it is up to the non-offending parent to prove to the Court
why the child should not be placed with the batterer. She
emphasized that the rebuttal presumption shifts the focus
of where the burden of proof stands from the victim on to
the batterer.
A roll call vote was taken on the motion to adopt Amendment
IN FAVOR: Grussendorf, Moses, J. Davies
OPPOSED: G. Davis, Kelly, Kohring, Martin, Mulder
Representatives Foster, Therriault and Hanley were not
present for the vote.
The MOTION FAILED (3-5).
There being NO FURTHER OBJECTION to the new version of
Amendment #5, it was adopted unamended.
Representative Kelly MOVED to adopt the new Amendment #10.
[Copy on File]. Representative Mulder OBJECTED for the
purpose of discussion.
LISA TORKELSON, STAFF, REPRESENTATIVE FRED DYSON, explained
that the language of the amendment would allow the foster
parent the ability to access the child's records. Ms.
Wibker noted that the Department of Law supports that
language. Ms. Torkelson noted that the Department of
Health and Social Services had provided the proposed
language. Representative Mulder WITHDREW his OBJECTION.
There being NO FURTHER OBJECTION, the new Amendment #10 was
adopted.
Representative Kelly MOVED to adopt Amendment #11.
Representative J. Davies OBJECTED. Representative Kelly
noted that the proposed section presented the greatest
struggle for the entire working group. New federal law
indicates that some form of emotional damage must be
addressed. Each state can determine how they want to
address the rule. He noted that group had agreed upon the
language "mental injury". He continued, the definition was
narrowed down, defining the term and resulting in Amendment
Representative J. Davies commented that there is a typo in
the amendment placement. Mr. Campbell agreed, pointing out
that it should indicate Page 26, Lines 6 & 7 and Page 57,
Line 20. Representative Kelly stated that the proposed
amendment would define what "mental injury" is, bringing
the bill a long way from the emotional abuse concern.
Representative J. Davies asked the significance of placing
"witness" at the end of the amendment.
LISA NELSON, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW,
ANCHORAGE, replied that it would be a "witness" in the
preceeding and that witness could either review the child's
records or testify based on a hypothetical situation.
Representative J. Davies asked if it would be detrimental
to drop the word. Ms. Nelson explained that language came
from an already existing child welfare act. Ms. Wibker
explained that a qualified expert witness is a "term of
art". There is a specific statute which deals with
testimony provided by an expert; it does not require that
the expert witness be at the scene of a crime.
Representative J. Davies WITHDREW the OBJECTION to the
language of Amendment #11. There being NO FURTHER
OBJECTION, it was adopted.
Representative J. Davies WITHDREW Amendment #13, #14, and
were WITHDRAWN.
Representative Kelly MOVED to report CS HB 375 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it
was so ordered.
CS HB 375 (FIN) was reported out of Committee with "no
recommendation" and with fiscal notes by the Alaska Court
System, the Department of Health and Social Services dated
4/7/98, the Department of Corrections dated 4/7/98, and the
Office of Management and Budget dated 2/2/98.
(Tape Change HFC 98- 152, Side 2).
SENATE BILL NO. 153
"An Act relating to issuance of special license plates
to commemorate the arts."
KRAG JOHNSEN, STAFF, SENATOR DRUE PEARCE, stated that in
the Legislature's effort to bring state spending in line
with our revenues, the State Arts Council has been
dramatically reduced. Alaska is facing a dilemma. Finding
funds for the arts is becoming more and more difficult with
a population increasingly adverse to public arts funding.
He suggested that we need to look for innovative ways to
fund our existing arts program if we want public funding to
continue. The proposed legislation provides the Arts
Council a tool to use in this effort.
Mr. Johnsen noted that license plates have become an
increasingly popular revenue source for states facing
budget constraints. In Alaska, there are a number of
specialty plates that support various organizations. The
intent behind adding another specialty plate is to provide
the State Arts Council a revenue source to supplement
decreasing general fund appropriations. He added that the
plates would be designed in consultation with the State
Arts Council and it would be the sole responsibility of the
Council to promote the program to success.
JUANITA HENSLEY, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF
ADMINISTRATION, requested that the fiscal notes indicate
FY99. She commented that there was no way to determine how
many plates would be sold. It is anticipated that there
will be revenue generated which would be indicated by an
asterisk on the note.
Representative Kelly MOVED to adopt Amendment #1. [Copy of
File]. He noted that the amendment would delete
"noncommercial" in regards to the University of Alaska
license plates.
Ms. Hensley stated that there exists University plates,
however, the way in which the statutes are written, the
University plates can not be sold for commercial vehicles.
Mr. Johnsen pointed out that Senator Wilken, who had wanted
to continue support for the University, had submitted the
amendment.
Representative Mulder advised that a title change would
need to be accompanied with a joint resolution title
amendment. Representative J. Davies requested more
information on the commercial license plates. Ms. Hensley
responded that at present time, if a passenger vehicle car
was used for business purposes, a person would not be able
to purchase a special license plate. Representative J.
Davies commented that he supported the amendment.
There being NO OBJECTION, Amendment #1 was adopted.
Representative J. Davies asked if the funding source would
be general funds or general fund program receipts. Ms.
Hensley replied that initially it would be straight general
funds since there are no program receipts coming in yet.
She anticipated that the plates would sell and that the
general fund would be reimbursed to cover start-up costs.
Representative J. Davies MOVED to report HCS SB 153 (FIN)
out of Committee with individual recommendations and with
the accompanying fiscal note. Representative Kohring
OBJECTED.
Representative Kohring voiced concern with the legislation
being offered so late in the Session and which he believed
should not be a high priority concern for State government.
He recommended that the Arts Council should be privatized.
A roll call vote was taken on the motion.
IN FAVOR: Grussendorf, Kelly, Martin, Moses, Mulder,
J. Davies
OPPOSED: Kohring, G. Davis
Representatives Foster, Therriault and Hanley were not
present for the vote.
The MOTION PASSED (6-2).
HCS SB 153 (FIN) was reported out of Committee with a House
Joint Resolution to cover the title change and with a
fiscal note by the Department of Administration.
ADJOURNMENT
The meeting adjourned at 9:50 A.M.
H.F.C. 8 5/05/98 a.m.
| Document Name | Date/Time | Subjects |
|---|